Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Environinvest Limited (receivers and managers appointed) (in liq) v The Former Partnership of Webster, White, Gridley, Nairn, Newman, Peters and Miller trading as HLB Mann Judd (Vic Partnership) [2012] FCA 1307 Citation: Environinvest Limited (receivers and managers appointed) (in liq) v The Former Partnership of Webster, White, Gridley, Nairn, Newman, Peters and Miller trading as HLB Mann Judd (Vic Partnership) [2012] FCA 1307
Parties: ENVIRONINVEST LIMITED (ACN 080 743 791) (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) v THE FORMER PARTNERSHIP OF GEOFFREY C WEBSTER, CLYDE P WHITE, COLIN S GRIDLEY, DAVID J NAIRN, PHILIP NEWMAN, MARK PETERS & AUBREY B MILLER TRADING AS HLB MANN JUDD (VIC PARTNERSHIP) ABN 20 696 861 713
File number: VID 1383 of 2011
Judge: GORDON J
Date of orders: 16 November 2012
Date of publication of reasons: 22 November 2012
Catchwords: PRACTICE AND PROCEDURE – parties – power to correct a mistake in the name of a party to a proceeding – power to correct the identity of a party to a proceeding – whether limited to omission, clerical error or misdescription – plaintiff intended to sue auditor but sued corporate entity instead of partnership – time at which amendment takes effect – Federal Court Rules 2011 (Cth), rr 8.21, 8.22
Legislation: Corporations Act 2001 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Australian Iron & Steel Limited v Hoogland (1962) 108 CLR 471 Bridge Shipping Pty Limited v Grand Shipping SA (1991) 173 CLR 231 Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd (2001) 112 FCR 336 Ketteman v Hansel Properties Ltd [1987] AC 189 Lloyd Steel (Aust) Pty Ltd v Jade Shipping SA (1985) 1 NSWLR 212 MAM Mortgages Ltd (in liq) v Cameron Bros [2002] QCA 330 Simplot Australia Pty Ltd v PSL Industries [2001] VSC 419 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514
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